Convicted stalker sentenced to probation, work crew in Boulder case

Matthew Zhu sits with his attorney, Colleen Kelley, during his sentencing hearing at the Boulder County Justice Center on Wednesday. (Paul Aiken / Staff Photographer)

A University of Colorado graduate convicted of stalking an ex-girlfriend — a case that was covered by Fox News in a story prosecutors deemed a "cheap shot" — was sentenced to three years of probation and 25 days of work crew.

Matthew Zhu, 24, was also ordered by Boulder District Chief Judge Maria Berkenkotter on Wednesday to complete 100 hours of community service before his probation was up. She also allowed him one year to complete the 25 days of work crew so he could continue attending graduate school and trying to find employment.

Zhu was convicted of stalking, a Class 5 felony, on Aug. 18. It was the second trial for Zhu, following a hung jury in May.

The case made national news after a Fox News story titled "Immigrants preying on Americans with false tales of abuse to stay in U.S., experts say," was posted three weeks after the conviction, painting Zhu as a victim caught in a plot by the woman to obtain a visa that would enable her to stay in the United States.

The article only cited Zhu's mother, Renee Sun, and a defense expert who testified in Zhu's case, drawing outrage from prosecutors who said the reporter, Malia Zimmerman, never contacted them and wrote numerous inaccuracies. The victim — who was in court but did not address the judge — is in the country legally under the Deferred Action for Childhood Arrivals program, which requires renewal every two years.

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In asking for the three years of probation, Deputy District Attorney Tim Johnson said at sentencing that the article had a significant negative impact on the victim and could discourage victims of future crimes from reporting.

"My fear is that this will cool victims of crimes who are not here legally from coming forward," Johnson said.

Zhu's attorney, Colleen Kelley, said the Fox News story was not her or Zhu's idea, and said it should not be relevant to the sentencing. But Berkenkotter said the story was at best an attempt to "manage the message" about the case and at worst "an attempt by Ms. Sun to punish the victim for coming forward," and said it concerned her.

"It is relevant to the issue of whether his mom and the family are providing an appropriate sort of support or if they are minimizing his conduct, and by minimizing his conduct unintentionally creating a risk he re-offend," Berkenkotter said.

Berkenkotter also said a jury dismissed any notion that the victim was making the stalking claims in some sort of ploy to stay in the U.S.

Sun was not at the hearing. Zhu did not address the court because he is considering an appeal.

According to an arrest affidavit, Zhu and the woman met in December 2013 and began dating. The woman told police she broke things off with Zhu about a month after that, and asked Zhu not to contact her anymore.

But the woman told police in January 2015 that Zhu continued to call and text her, and went to her home and her parents' house in an effort to talk to her throughout the year.

According to the affidavit, Zhu told police he continued to contact the woman because "I was hoping she would love me," and added, "I was hoping she would get back together with me in the long run."

Kelley asked for only two years of probation without work crews, saying Zhu had no criminal history and that the texts were a result of Zhu being "devastated" at the breakup and being socially awkward.

"There was nothing about the contact that was overtly threatening," Kelley said. "It was persistent, it was consistent, and he understands now that it was unwanted."

But Berkenkotter said this wasn't a "romantic comedy" in which Zhu was simply "fighting for his girl." She then directly addressed Zhu.

"To the extent you had thought (the victim) was your soul mate: She is not," Berkenkotter said. "She is not your soul mate; she doesn't want you to contact her."

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